Chattisgarh High Court
Rajesh Das Mahant vs State Of Chhattisgarh on 8 August, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1055 of 2018
1. Rajesh Das Mahant S/o Narayan Das Mahant Aged About 28 Years R/o Pasarkhet,
Thana Kartala, District Korba Chhattisgarh, District : Korba, Chhattisgarh
2. Nandlal S/o Ramsingh Agariya Aged About 30 Years R/o Village Bhuidand, Thana
Shyang, District Korba Chhattisgarh, District : Korba, Chhattisgarh
3. Dhan Singh S/o Gendram Gond Aged About 40 Years R/o Village Kanchira, Thana
Kapu, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
---- Appellants
Versus
State Of Chhattisgarh Through The Police Station Kapu, Raigarh District Raigarh
Chhattisgarh, District : Raigarh, Chhattisgarh.
---- Respondent
08/08/2022 Shri Alok Dewangan, counsel for the appellants.
Ms. Binu Sharma, P.L. for the State.
Heard on I.A. No.3 application for suspension of sentence and grant of bail to the
appellants.
By the impugned judgment dated 21/09/2017 passed by the Fifth Additional
Sessions Judge, Raigarh, District Raigarh (C.G.) in Session Trial No. 23/2017, the
appellants stand convicted and sentenced as under :-
Conviction Sentence
Appellants No.1,2 & 3 R.I. for 10 years and fine amount
of Rs.200/-. In default of payment
Under Section 395 of IPC. of fine further S.I. for 2-2 months
each appellants.
Under Section 397 of IPC R.I. for 7 years and fine amount of
Rs.200/-. In default of payment of
fine further S.I. for 2-2 months
each appellants.
Appellant No.1 & 2 R.I. for 7 years and fine amount of
Rs.200/-. In default of payment of
Under Section 458 of IPC fine further S.I. for 2-2 months
each appellants.
Under Section 386 of IPC R.I. for 7 years and fine amount of
Rs.200/-. In default of payment of
fine further S.I. for 2-2 months
each appellants.
Under Section 25 (1-A) of the R.I. for 5 years and fine amount of
Arms Act. Rs.200/-. In default of payment of
fine further S.I. for 2-2 months
each appellants.
Under Section 25 (1-B)(a) of R.I. for 1 year and fine amount of
the Arms Act. Rs.200/-. In default of payment of
fine further S.I. for 2-2 months
each appellants.
Under Section 27(2) of the R.I. for 5 years and fine amount of
Arms Act. Rs.200/-. In default of payment of
fine further S.I. for 2-2 months
each appellants.
All the sentences are run
concurrently.
[
Counsel for the appellants submits that the appellants are in jail since
23/08/2016 and they have already served more than five years which is more than half
sentence awarded to them. State counsel does not dispute the proposition and submits
that the appellants have already served more than half sentence awarded to them.
Learned counsel for the appellants relied upon the judgment of Hon'ble Supreme Court
reported in (2021) 10 SCC 773 in the matter of 'Satender Kumar Antil vs. Central
Bureau of Investigation and another, and (2006) 9 SCC 602 in the matter of
'Salim Javed Vs. State of Rajasthan'.
Heard learned counsel for the parties.
Looking to the facts and circumstances of the case, looking to the detention
period of the appellants, disposal of this appeal will take some time, I am of the opinion
that present is a fit case to suspend the jail sentence imposed upon the appellants and
to release them on bail.
Accordingly, the application (I.A. No. 3) is allowed.
It is directed that the execution of substantive jail sentence imposed upon the
appellants shall remain suspended during the pendency of this appeal and they shall be
released on bail on furnishing a personal bond in sum of Rs.25,000/- with one surety for
the like sum to the satisfaction of the trial Court. They shall appear before the Registry
of this Court on 11/10/2022 and thereafter shall appear before the trial Court on a date
to be given by the Registry and shall continue to appear there on all such subsequent
dates as are given to them by the said Court, till disposal of this appeal.
List this appeal for final hearing.
Sd/-
(Sachin Singh Rajput)
JUDGE
